If you or a loved one has been charged with domestic violence, don’t wait for the prosecution to start building their case against you. Call us immediately so that we can begin preparing your defense. At Ozols Law Firm, we have a proven track record of successfully handling these cases and will use our experience to achieve the best possible outcome. We know the severity of being found guilty, and will do everything possible to avoid a guilty verdict or non-favorable plea deal. San Diego domestic violence attorney Alex Ozols offers a free consultation to answer your questions and give you an honest assessment of your case.
Unfortunately, domestic abuse allegations are often made by an angry spouse who exaggerates the facts to the police. These false allegations of spousal or child abuse are often made to gain the upper hand in a child custody dispute or because of recently discovered infidelity. While that spouse might later regret having called the police, there’s nothing the alleged victim can do if the prosecutor decides to press charges.
Experienced Domestic Violence Defense
We know these allegations require a strong defense, and we use our experience to spot the flaws in the prosecution’s case against you. From the moment you hire attorney Alex Ozols, we will begin investigating your case to find exculpatory evidence. This could result in the prosecutor not even filing charges.
A Brief Overview of How We Defend You:
- Seek to get the case dismissed
- Investigate your case
- Interview witnesses
- Search for exculpatory evidence
- File motions to suppress evidence
- Negotiate a favorable deal with the D.A.
- Go to trial (if necessary)
Consequences of a Domestic Violence Conviction:
If found guilty of domestic violence, the punishment is severe and can include:
- Heavy fines
- Jail time
- Losing custody of your children , and
- Immigration consequences for non-citizens including deportation
Additionally, some domestic violence convictions can count as a “strike” for purposes of the California “Three Strikes Law.” In short, a domestic violence conviction could impact almost every part of your life. That’s why it’s critical to have a qualified attorney begin working on your defense immediately.
Domestic Violence Laws
Corporal Injury on a Spouse – Penal Code 273.5
California Penal Code section 273.5(a) makes it illegal to inflict corporal injury on a spouse or cohabitant if that injury results in a traumatic condition. This occurs when a person strikes or hits another person who is his or her intimate partner and it caused visible injury. Because San Diego police officers treat all domestic violence allegations seriously, even slight injuries may result in you being taken into custody.
If you are taken into custody, exercise your right to remain and silent and immediately call an attorney. San Diego police officers are trained on how to get you to talk. Do not try to “explain” your side of the story to the police.
Under Penal Code § 273.5(b), P.C. § 273.5(a) applies if the alleged victim was on or more of the following:
- The offender’s spouse or former spouse,
- The offender’s former cohabitant or current cohabitant,
- The offender’s fiance or fiancee, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243
- The mother or father of the offender’s child
Domestic Battery – Penal Code 243(e)(1)
Penal Code 243(e)(1) is one of the most common battery charges in San Diego. Domestic battery is a misdemeanor when one inflicts force on their intimate partner. Unlike corporal injury (see above), this offense does not need to have a visible injury and is often taken on the statements of one of the parties.
Given the lack of physical evidence, these types of cases are easily defendable. It often either turns into a “he said/she said,” or just a trial where the intimate partner who made the complaint does not want to testify.
The prosecution’s burden of proof is “Beyond a reasonable doubt.” This is a very high burden to meet when there is only an officer testifying about statements from the alleged victim. As your defense lawyer, Mr. Ozols will investigate all statements being used against you and fight to keep them out.
Many people don’t realize that the D.A.’s office generally doesn’t have the best case when prosecuting domestic battery. However, the San Diego prosecutor’s office will threaten to seek the maximum penalty at trial if you don’t accept an unfavorable plea deal. Our office has experience dealing with the San Diego D.A. We are not intimidated by this tactic and will not accept an unfair plea deal.
Domestic Violence and Criminal Threats – Penal Code 422
Criminal threats under California Penal Code Section 422 is another possible charge that can be linked to a domestic violence situation. To be charged with making criminal threats one would have had to:
- Threatened someone either verbally, in writing, or by means of electronic communication device, and
- That person would reasonably have to be in fear, and
- It would have to be a threat that could actually be carried out as well, regardless if the person making the threat intended to carry it out.
This can be charged as a misdemeanor or a felony. PC 422 goes onto say that someone found guilty of this crime “shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.”
If charged as a felony, it is seen as a “strike” under the California three strikes laws. In short, the three strikes laws means that if you are convicted of three of these offenses you will have to spend life in prison as a mandatory sentence. If you are being charged with making felony criminal threats, speak with an attorney in our office immediately to discuss your best legal options.
Criminal Protective Orders in Domestic Abuse Cases
Protective order such as a restraining order or a temporary restraining order (“TRO”) are commonly issued when there have been domestic abuse allegations. Visit our restraining order page to find out more about them.
Call Us Today To Discuss Your DV Case
If you or a loved one has been charged with domestic violence, call Ozols Law Firm today at (619) 288-8357 to see how we can assist you during this difficult time. Having a qualified San Diego domestic violence lawyer on your side can greatly increase the chances of a positive outcome. We look forward to meeting with you to discuss your criminal defense needs.
- California Penal Code 243(e)(1)
- California Penal Code 273.5
- Domestic Violence Overview on Wikipedia
- California Courts Domestic Violence Self-Help
- San Diego County Domestic Violence Information
Alex Ozols has the experience you need when facing domestic violence charges. He works tirelessly to secure a favorable plea for his clients, and is prepared to go to court if necessary. By hiring Alex as your criminal lawyer, you put an experienced attorney in your corner that will aggressively defend your rights.